Federal Agency Decisions

Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB), each with a plain-English summary, the law it cites, and whether it counts as precedent. More agencies are coming.

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ALJ

Mach Mining, LLC

Escapeway examination violation held S&S but not unwarrantable

Mach Mining left gob, loose concrete blocks, track material, and crib ties in a primary escapeway for about five weeks without recording the conditions in weekly examination reports. Judge Avram Weisberger held that failing to record the hazards violated section 75.364(h) and was S&S because the…

September 27, 2010 ·Avram Weisberger ·FMSHRC
Modified
COMM

S.S. and U.S. Postal Service, Post Office, Harrisburg, PA

S.S. (ECAB 10-540): Recurrence of total disability claim denied

S.S., a postal employee, had an accepted 2003 injury involving pelvic conditions and underwent authorized surgery. She later claimed that the injury caused her to become totally disabled again when her training technician position was slated for elimination and she faced a more physically demanding…

September 27, 2010 ·ECAB
Affirmed
COMM

L.P. and U.S. Postal Service, Post Office, Richmond, VA

L.P. (ECAB 10-527): Schedule award denial affirmed for back injury

L.P., a postal sorting clerk, had an accepted back injury from bending and lifting mail trays. She sought a schedule award for permanent impairment. The Board explained that FECA does not provide a schedule award for the back itself, although a back injury can support an award if it permanently…

September 27, 2010 ·ECAB
Affirmed
COMM

W.M. and Department of Justice, Bureau of Prisons, Forest City, AR

W.M. (ECAB 10-436): No wage-loss compensation while working at full pay

W.M., a Bureau of Prisons repair worker, injured his right elbow while pulling a circuit breaker. He returned to light duty and later to duties similar to his regular job, both without losing wages. His surgeon said he could resume regular work, and counsel acknowledged at the OWCP hearing that he…

September 27, 2010 ·ECAB
Affirmed
COMM

G.J. and U.S. Postal Service, Post Office, Jonesboro, GA

G.J. (ECAB 10-150): Late reconsideration request did not show clear error

G.J., a postal carrier, sought compensation for an emotional condition she linked to difficulty working after an elbow injury. OWCP denied the claim in June 2006, finding no established compensable work factor. Her April 2009 reconsideration request came more than one year later. The Board found…

September 27, 2010 ·ECAB
Affirmed
COMM

M.M. and Department of the Navy, Naval Sea Systems Command-Centers, New Orleans, LA

M.M. (ECAB 10-138): Late reconsideration request did not reopen hearing-loss claim

M.M., a Navy quality assurance specialist, claimed that workplace noise caused progressive hearing loss. OWCP denied the claim in 2004, and he sought reconsideration in 2009. The Board agreed that the request came after the one-year period then applicable and examined only whether the new material…

September 27, 2010 ·ECAB
Affirmed
COMM

J.S. and Department of Labor, Office of Workers' Compensation Programs, Seattle, WA

J.S. (ECAB 10-136): Left knee replacement not linked to accepted fall

J.S., a DOL claims examiner, fell at work in 2004 and injured both knees. OWCP accepted right knee conditions and a left knee sprain and contusion, but denied coverage for her left knee replacement surgery. Her treating surgeon said the fall accelerated left knee arthritis, while an OWCP medical…

September 27, 2010 ·ECAB
Affirmed
COMM

L.S. and Department of Agriculture, Food Safety Inspection Service, Decatur, AR

L.S. (ECAB 10-134): Benefit termination upheld, possible surgical consequence remanded

L.S., a food safety inspector, received compensation after a workplace fall led OWCP to accept carpal tunnel syndrome in both hands and a left knee tear. OWCP ended compensation and medical benefits after an impartial orthopedic surgeon found no remaining disability or treatment need from those…

September 27, 2010 ·ECAB
Mixed result
COMM

R.L. and Department of Veterans Affairs, Veterans Administration Medical Center, Portland, OR

R.L. (ECAB 10-105): $3,762.82 health premium overpayment upheld

R.L., a Veterans Affairs employee receiving disability compensation, elected family health coverage, but OWCP deducted premiums at the lower self-only rate. The Board upheld the $3,762.82 overpayment, the difference between the premiums OWCP should have deducted and those it actually deducted. It…

September 27, 2010 ·ECAB
Affirmed
COMM

M.G. and U.S. Postal Service, Post Office, Indianapolis, IN

M.G. (ECAB 10-104): Termination of wage-loss and medical benefits affirmed

M.G., a postal letter carrier, had accepted back strains from two work incidents and a hernia from the later incident. OWCP ended his benefits after a second opinion surgeon concluded that the accepted conditions had resolved and he could return to regular work. The Board found that opinion well…

September 27, 2010 ·ECAB
Affirmed
COMM

D.B. and Department of Veterans Affairs, Veterans Administration Medical Center, New York, NY

D.B. (ECAB 09-2341): Left arm impairment rating sent for a new medical examination

D.B., a Veterans Affairs management assistant, received a five percent schedule award for left arm impairment after an accepted work injury. Her treating surgeon and an impartial specialist assessed 15 percent, but the specialist did not adequately show how he applied the impairment rating guides…

September 27, 2010 ·ECAB
Remanded
COMM

L.A. and Department of the Army, Office of the Chief of Staff, Arlington, VA

L.A. (ECAB 09-2278): Airport injury occurred during resumed official travel

L.A., an Army employee based in Japan, attended a business conference in Atlanta and then made a personal stop in Seattle. She fell during security screening at the Seattle airport while preparing to fly back to her duty station. OWCP found the injury work-related, but L.A. argued that her personal…

September 27, 2010 ·ECAB
Affirmed
COMM

J.G. and U.S. Postal Service, Philadelphia Bulk Mail Center, Philadelphia, PA

J.G. (ECAB 09-2259): No additional left arm schedule award beyond 24 percent

J.G., a postal truck operator, received a schedule award for 24 percent left arm impairment after an accepted neck and arm injury. He sought a higher rating, and OWCP obtained several impartial medical examinations to resolve conflicting estimates. The Board found that the final specialist was…

September 27, 2010 ·ECAB
Affirmed
COMM

M.P. and U.S. Postal Service, Processing & Distribution Center, Carol Stream, IL

M.P. (ECAB 09-2248): Emotional condition claim denied for lack of covered work factor

M.P., a postal processing clerk, claimed that interactions with supervisors and personnel actions caused an emotional condition. She described alleged verbal harassment, requests for medical information, limits on how she handled mail, a job offer, an investigation, and disciplinary action. The…

September 27, 2010 ·ECAB
Affirmed
COMM

A.F., widow of F.F., and Kenosha County Sheriff's Department, Kenosha, WI

A.F. (ECAB 09-1970): Death benefits denied under federal officer coverage rule

F.F., a Kenosha County deputy sheriff, was fatally shot while approaching a vehicle during a traffic stop. His widow sought federal death benefits, arguing that the driver was committing federal offenses. The Board held that the stop was a local police matter and that F.F. had no knowledge of a…

September 27, 2010 ·ECAB
Affirmed
COMM

E.M. and Department of Labor, Employment Standards Administration, Tampa, FL

E.M. (ECAB 09-1885): Occupational disease claim remanded for medical review

E.M., a DOL wage and hour compliance specialist, claimed that repetitive office duties caused or worsened neck and carpal tunnel conditions. OWCP had denied the claim for insufficient medical reasoning, and the Board had earlier affirmed a denial. Two treating physicians then submitted fuller…

September 27, 2010 ·ECAB
Remanded
COMM

United Salt Corporation

Final assessment reopened and remanded

United Salt asked the Commission to reopen a penalty assessment that had become a final order after the contest period expired. The Secretary did not oppose the request. After reviewing the circumstances, the Commission reopened the assessment and remanded it for further proceedings. It directed…

September 24, 2010 ·FMSHRC
Remanded
COMM

R.S. and U.S. Postal Service, Post Office, Plain City, OH

R.S. (ECAB 10-672): Shoulder injury claim and hearing denial affirmed

R.S., a postal employee, reported shoulder pain after removing a chain hoist from a trolley at work. The Board had previously accepted that the incident occurred but found insufficient medical evidence linking it to the claimed shoulder injury. A later physician's report said the incident worsened…

September 24, 2010 ·ECAB
Affirmed
COMM

F.R. and Department of the Navy, Marine Corps Base, Maintenance Branch, Camp Lejeune, NC

F.R. (ECAB 10-179): Arm impairment awards remanded for shoulder review

F.R., a Marine Corps Base electrical worker, received schedule awards for impairment of both arms stemming from wrist conditions. He sought an additional award in 2007. An impartial examiner later found limitations in both shoulders as well as wrist and grip findings. OWCP had not considered the…

September 24, 2010 ·ECAB
Remanded
COMM

M.L. and U.S. Postal Service, Post Office, Indianapolis, IN

M.L. (ECAB 10-88): Neck condition did not establish a schedule award for arm impairment

M.L., a postal letter carrier, had an accepted work-related aggravation of cervical degenerative disc disease. She sought a schedule award, and one physician rated her at eight percent whole-person impairment based on the neck condition. The Board explained that FECA does not pay a schedule award…

September 24, 2010 ·ECAB
Affirmed
COMM

United States Department of Homeland Security, U.S. Customs and Border Protection (Agency) and American Federation of Government Employees, National Border Patrol Council (Union)

Customs and Border Protection and Border Patrol Council (FLRA 0-AR-4494): Body armor bargaining remedy upheld

Customs and Border Protection changed parts of its body armor policy without notifying the National Border Patrol Council or giving it an opportunity to bargain over the impact and implementation. An arbitrator found that several changes had more than a minimal foreseeable effect on employees and…

September 24, 2010 ·FLRA
Upheld
COMM

D.B. and Department of Veterans Affairs, Veterans Administration Medical Center, Columbia, SC

D.B. (ECAB 10-447): Emotional condition claim not reopened for merit review

D.B., a Veterans Affairs nurse, claimed an emotional condition tied to workplace treatment and assignments. OWCP denied the claim because it found no compensable work factor. She sought reconsideration, disputed OWCP's treatment of her discrimination complaint, and supplied a new psychiatrist's…

September 23, 2010 ·ECAB
Affirmed
COMM

Bruce Christensen v. Stevedoring Services of America and Homeport Insurance Company

Christensen v. Stevedoring Services (BRB 03-0302R): reconsideration denied and $2,842 fee awarded

Bruce Christensen's employer asked the Benefits Review Board to reconsider the hourly rate used in an earlier attorney fee award. The employer argued that the Board wrongly excluded rates from an Oregon state workers' compensation survey and that a Supreme Court decision required a different…

September 23, 2010 ·BRB
Procedural
COMM

M.M. and Department of Justice, Federal Bureau of Investigation, Pittsburgh, PA

M.M. (ECAB 10-542): Ankle sprains did not support a schedule award

M.M., an FBI electronic technician, sustained accepted sprains of both ankles after falling from a ladder at work. An orthopedic surgeon examined him and found no ratable permanent impairment in either ankle, and an OWCP medical adviser reached the same result under the sixth edition of the…

September 23, 2010 ·ECAB
Affirmed
COMM

K.M. and U.S. Postal Service, Processing & Distribution Center, Mobile, AL

K.M. (ECAB 10-496): Late reconsideration request did not reopen back injury claim

K.M., a postal employee, had previously been denied compensation for a claimed back injury because the evidence did not link it to accepted work factors. After the Board affirmed that denial in 2008, her representative requested reconsideration in October 2009. The Board found that the request came…

September 23, 2010 ·ECAB
Affirmed
COMM

K.J. and Department of the Navy, Commander in Chief-ATL Fleet, STS Bases Human Resources Office, Norfolk, VA

K.J. (ECAB 10-192): Three percent arm impairment award upheld

K.J., a Navy telecommunications technician, fractured her right upper arm when she tripped over a telephone cord at work. Her treating physician rated 17 percent impairment by combining a shoulder motion rating with a diagnosis-based rating and using a severe functional score. An OWCP medical…

September 23, 2010 ·ECAB
Affirmed
COMM

J.C. and U.S. Postal Service, Post Office, Boone, NC

J.C. (ECAB 10-165): Psychological condition not linked to accepted sleep apnea aggravation

J.C., a postal supervisor, had an accepted temporary aggravation of sleep apnea while assigned to drive long distances for work. He sought to add depression and other psychological conditions as consequences of that accepted condition. The Board found that his physicians did not explain how the…

September 23, 2010 ·ECAB
Affirmed
COMM

J.W. and U.S. Postal Service, Scottsdale Hopi Station, Scottsdale, AZ

J.W. (ECAB 09-2275): Crash claim remanded to examine employer's response to illness

J.W., a postal supervisor, experienced an apparent seizure at work and was expected to wait for her husband to drive her home. She left alone, drove away, and was injured in a vehicle accident. She argued that the employer's failure to obtain medical help or keep her supervised contributed to the…

September 23, 2010 ·ECAB
Remanded
COMM

P.W. and U.S. Postal Service, Post Office, Chicago, IL

P.W. (ECAB 09-2194): Board affirms denial of additional therapy-day wage loss

P.W., a postal worker with accepted groin and lumbar injuries, sought eight hours of wage-loss compensation for each day she attended physical therapy from April 2008 through January 2009. OWCP had paid four hours per claimed day, totaling 410 hours. Her therapy appointments occurred in the…

September 23, 2010 ·ECAB
Affirmed
COMM

E.F. and U.S. Postal Service, Post Office, Pipersville, PA

E.F. (ECAB 09-1909): Board upholds termination of injury benefits

E.F., a rural mail carrier, had accepted physical and psychological conditions after a 2002 vehicle collision during mail delivery. OWCP terminated her wage-loss compensation and medical benefits after two impartial specialists found that the accepted conditions had resolved. The Board gave their…

September 23, 2010 ·ECAB
Affirmed
COMM

M.M. and U.S. Postal Service, General Mail Facility, Colorado Springs, CO

M.M. (ECAB 09-1748): Board upholds wage-loss compensation calculation

M.M., a postal automation clerk, worked six hours a day for a period after accepted work-related injuries, then returned to full-time work. She argued that OWCP had underpaid her wage-loss compensation for the shorter workweek. After earlier Board remands, an impartial physician found that she…

September 23, 2010 ·ECAB
Affirmed
COMM

United States Nuclear Regulatory Commission (Agency) and National Treasury Employees Union, Chapter 208 (Union)

Nuclear Regulatory Commission and NTEU Chapter 208 (FLRA 0-AR-4400): Union representation remedy upheld

The Nuclear Regulatory Commission interviewed an employee about his security clearance while a union representative attended at his request. The agency limited when the representative could speak with him and later emailed additional questions without notifying the representative. An arbitrator…

September 23, 2010 ·FLRA
Upheld
COMM

J.M. and Department of Defense, New Cumberland, PA

J.M. (ECAB 10-0130): Lifting incident recognized, injury claim remains denied

J.M., a Defense Department distribution worker, claimed he hurt his back and neck while lifting a box at work. OWCP denied the claim after finding both the reported incident and a resulting injury unproven. The Board found that his consistent account, prompt medical treatment, and supporting…

September 22, 2010 ·ECAB
Modified
COMM

Beulah Ann Mathews, widow of Bruce Mathews, v. United Pocahontas Coal Company and West Virginia CWP Fund

Mathews v. United Pocahontas Coal (BRB 09-0666 BLA): survivor benefits award affirmed under amended law

Beulah Ann Mathews sought survivor benefits after her husband, Bruce, died while receiving federal black lung benefits. An administrative law judge awarded benefits after finding that Bruce had pneumoconiosis and that it hastened his death. While the appeal was pending, Congress amended Section…

September 22, 2010 ·BRB
Affirmed
COMM

D.O. and U.S. Postal Service, Post Office, Des Moines, IA

D.O. (ECAB 10-0593): Board upholds refusal to reopen shoulder claim

D.O., a postal mail handler, claimed that work factors caused a right shoulder condition. OWCP denied the claim for lack of medical evidence linking the condition to his job. He sought reconsideration but submitted a notice of separation instead of new medical evidence or a relevant legal argument…

September 22, 2010 ·ECAB
Affirmed
COMM

D.B. and Federal Judiciary, Chief Probation Office, Sacramento, CA

D.B. (ECAB 10-0494): Board denies schedule award for right arm

D.B., a federal probation clerk, had an accepted claim for right carpal tunnel syndrome caused by repetitive work. She sought a schedule award for permanent right-arm impairment. Her attending physician and an OWCP examiner disagreed about whether the accepted condition remained, so OWCP obtained…

September 22, 2010 ·ECAB
Affirmed
COMM

S.D. and U.S. Postal Service, Post Office, Little Rock, AR

S.D. (ECAB 10-0468): Board upholds $28,424 benefit overpayment

S.D., a postal clerk, accepted a lump-sum payment for a left-arm schedule award. OWCP mistakenly kept sending regular payments for the same award period, creating an additional $28,424 in payments. The Board held that the settlement agreement told her no further payments were due during that period…

September 22, 2010 ·ECAB
Affirmed
COMM

T.S. and Department of Agriculture, Rural Development Administration, Johnstown, NY

T.S. (ECAB 10-0381): Emergency room bill sent back for review

T.S., a federal area technician, slid off the road in a government vehicle while performing site visits. She told OWCP that she had no injury but sought payment of a $298 emergency room charge after being taken there by ambulance. The Board upheld denial of the injury claim because the medical…

September 22, 2010 ·ECAB
Remanded
COMM

F.A. and U.S. Postal Service, Post Office, Mobile, AL

F.A. (ECAB 10-0100): Board denies additional knee-related wage loss

F.A., a postal letter carrier, had an accepted right knee meniscus injury and sought compensation for a long absence in 2008 and intermittent time away from work in 2009. OWCP had already authorized some benefits, including 35.6 hours for the later period. The Board found that his physician did not…

September 22, 2010 ·ECAB
Affirmed
COMM

P.P. and U.S. Postal Service, Post Office, Coppell, TX

P.P. (ECAB 10-0087): Injury denial and late hearing refusal upheld

P.P., a postal clerk, claimed that repetitive hand work and moving mail equipment caused wrist, elbow, and neck conditions. The Board accepted that she performed the described duties, but found that her physicians did not explain how those duties caused or worsened a diagnosed condition. One…

September 22, 2010 ·ECAB
Affirmed
COMM

G.G. and Department of the Navy, Puget Sound Naval Shipyard, Bremerton, WA

G.G. (ECAB 10-0007): Overpayment upheld, deduction rate remanded

G.G., a former Navy shipyard employee receiving disability compensation, was paid without deductions for his health and life insurance premiums for several years. The missing deductions created a $34,680.98 overpayment, which the Board upheld. It also upheld denial of a waiver because his…

September 22, 2010 ·ECAB
Remanded
COMM

W.I. and U.S. Postal Service, Post Office, Laurel, MS

W.I. (ECAB 09-2373): Board reverses termination of injury benefits

W.I., a postal worker, had accepted right ankle and foot conditions from a 1980 work injury. OWCP terminated his wage-loss and medical benefits after an impartial specialist attributed his disability to a separate progressive disease. The Board found that the specialist had not addressed an…

September 22, 2010 ·ECAB
Vacated
COMM

United States Department of Justice, Federal Bureau of Prisons, USP Administrative Maximum (ADX), Florence, Colorado (Agency) and American Federation of Government Employees, Local 1302, Council of Prison Locals (Union)

ADX Florence and AFGE Local 1302 (FLRA 0-AR-4612): Reconsideration of overtime order denied

An arbitrator awarded correctional officers at ADX Florence ten minutes of pay per shift for work before and after their shifts, plus liquidated damages. The Bureau of Prisons challenged the award, but the Authority dismissed its exception because the agency had not raised its regulatory argument…

September 22, 2010 ·FLRA
Procedural
ALJ

Sequoia Energy, LLC

Four S&S truck citations affirmed with reduced penalties

Sequoia Energy faced eleven citations involving equipment at its Kentucky coal preparation plant. After three citations were vacated and four were settled for $3,343, Judge Jerold Feldman decided four S&S citations involving defective exhaust and lighting, damaged or missing mirrors, hydraulic oil…

September 21, 2010 ·Jerold Feldman ·FMSHRC
Modified
COMM

C.C. and U.S. Postal Service, Post Office, Arlington, VA

C.C. (ECAB 10-0063 and 10-1685): Earlier wage-loss denial remanded; later termination upheld

C.C., a postal carrier with an accepted lumbar sprain, claimed wage loss after accepting a limited-duty job but before returning to work. The Board found that OWCP had invoked the suitable-work refusal rule without following its required process and had failed to consider possible partial…

September 21, 2010 ·ECAB
Mixed result
COMM

A.W. and U.S. Postal Service, Post Office, Carol Stream, IL

A.W. (ECAB 10-0543): Board orders merit review of schedule award claim

A.W., a postal clerk with accepted arm and hip conditions, requested another schedule award for permanent arm impairment. OWCP refused merit review after she questioned the prior award percentages used in its denial. The Board found that her objection raised a new and relevant argument: OWCP had…

September 21, 2010 ·ECAB
Remanded
COMM

S.R. and Department of the Navy, Naval Installations Command, Norfolk, VA

S.R. (ECAB 10-0523): Board upholds termination after suitable job refusal

S.R., a Navy police officer, received compensation after injuring his left knee while pursuing a suspect. The Navy offered him a full-time security clerk job with physical demands matching restrictions set by an examining orthopedic surgeon. S.R. declined, citing possible lower pay and his plan to…

September 21, 2010 ·ECAB
Affirmed
COMM

L.F. and U.S. Postal Service, Post Office, Little Rock, AR

L.F. (ECAB 10-0466): Board denies left shoulder occupational claim

L.F., a postal letter carrier, attributed a left shoulder condition to sorting mail, carrying it on his left arm, and delivering parcels. Several physicians diagnosed shoulder conditions, including bursitis and a rotator cuff tear. The Board found that their reports did not explain how his…

September 21, 2010 ·ECAB
Affirmed
COMM

P.P. and Department of the Treasury, Internal Revenue Service, Fresno, CA

P.P. (ECAB 10-0420): Board upholds eight percent right-arm award

P.P., an IRS mail clerk, injured her right shoulder in a work-related fall and had surgery to repair a torn rotator cuff. She appealed an eight percent right-arm schedule award, seeking a higher impairment rating. Her surgeon clarified that an earlier report mistakenly included a loss of shoulder…

September 21, 2010 ·ECAB
Affirmed
COMM

T.H. and U.S. Postal Service, Post Office, College Point, NY

T.H. (ECAB 10-0070): Board denies claimed recurrence of disability

T.H., a postal worker, had accepted neck, elbow, and forearm sprains after a 2001 fall at work. He stopped working in August 2007 and claimed that his new disability was a recurrence of those injuries. His physicians described later neck and back conditions and found him unable to work, but the…

September 21, 2010 ·ECAB
Affirmed
COMM

K.K. and U.S. Postal Service, Post Office, Bradford, PA

K.K. (ECAB 09-2281): Board reverses wage-earning capacity finding

K.K., a postal carrier with an accepted right knee injury, returned to modified rural carrier work after receiving wage-loss benefits. OWCP treated his earnings from that job as a stable measure of what he could earn and reduced his compensation. K.K. explained that he was a substitute carrier…

September 21, 2010 ·ECAB
Vacated
COMM

J.W. and U.S. Postal Service, Post Office, White Stone, NY

J.W. (ECAB 09-2090): Board reverses suitable-work benefit termination

J.W., a postal tractor trailer operator, received compensation for accepted left shoulder injuries. He later returned to modified work, and OWCP formally found that the job's actual earnings represented his wage-earning capacity. After a recurrence of disability, OWCP offered modified work again…

September 21, 2010 ·ECAB
Vacated
COMM

M.P. and Department of the Navy, Norfolk, VA

M.P. (ECAB 09-1787): Emotional condition claim and reopening refusal upheld

M.P., a Navy electrical worker, sought compensation for anxiety and depression that he attributed to racial harassment, discrimination, and retaliation at work. The Board found that the evidence in this claim did not substantiate specific alleged remarks directed at him or error or abuse in the…

September 21, 2010 ·ECAB
Affirmed
COMM

American Federation of Government Employees, Council 236 (Union) and United States General Services Administration (Agency)

AFGE Council 236 and General Services Administration (FLRA 0-AR-4671): Arbitration exceptions denied

AFGE Council 236 challenged an arbitration award involving the General Services Administration. The Authority found no basis to overturn the award under the standards for factual error or contract interpretation. It dismissed a separate allegation about managers' allocation of performance award…

September 21, 2010 ·FLRA
Upheld
COMM

United States Department of Justice, Federal Bureau of Prisons, Federal Correctional Complex, Tucson, Arizona (Agency) and American Federation of Government Employees, Local 3955, Council of Prisons, Local 33 (Union)

Tucson Federal Correctional Complex and AFGE Local 3955 (FLRA 0-AR-4670): Arbitration exception denied

The Federal Bureau of Prisons challenged an arbitration award involving its Tucson correctional complex and AFGE Local 3955. The Authority concluded that the agency had not shown the award failed to draw its essence from the parties' agreement. It denied the agency's exception, leaving the award in…

September 21, 2010 ·FLRA
Upheld
COMM

D.M. and U.S. Postal Service, Los Angeles Processing & Distribution Center, Los Angeles, CA

D.M. (ECAB 10-0576): Board upholds termination of back-strain benefits

D.M., a postal mail handler, received benefits for an accepted lumbar strain after a 2007 work injury. She continued to report back and leg symptoms, but OWCP had denied her request to add a lumbar disc herniation to the accepted claim. Her treating surgeon later found that the strain had resolved…

September 20, 2010 ·ECAB
Affirmed
COMM

W.H. and Department of the Navy, Naval Sea Systems Command, San Diego, CA

W.H. (ECAB 10-0546): Board upholds refusal to reopen wrist claim

W.H., a Navy maintenance worker, sought compensation for renewed left wrist problems years after an accepted 1995 work injury. OWCP denied the recurrence claim because the medical evidence did not link his current condition to that injury. W.H. requested reconsideration with older records and newer…

September 20, 2010 ·ECAB
Affirmed
COMM

C.B. and Department of the Army, Anniston Army Depot, Anniston, AL

C.B. (ECAB 10-0533): Board upholds emotional condition claim denial

C.B., an Army equipment repairer, reported racial harassment, threats, and unfair discipline while assigned to work in Iraq. He sought compensation for an emotional condition he attributed to that environment. The Board found that the witness statement supporting him lacked details about particular…

September 20, 2010 ·ECAB
Affirmed
COMM

V.R. and U.S. Postal Service, Post Office, Portland, OR

V.R. (ECAB 10-0444): Board denies claimed recurrence after job change notice

V.R., a postal clerk with accepted neck and back sprains, had been working within medical restrictions in a limited-duty job. After receiving notice that the job might be abolished, he stopped work because he feared a replacement position would exceed those restrictions. The Board found no evidence…

September 20, 2010 ·ECAB
Affirmed
COMM

B.C. and General Services Administration, Washington, DC

B.C. (ECAB 10-0044): Carpal tunnel rescission reversed, wage-loss termination upheld

B.C., a GSA building manager, received benefits for accepted neck and back sprains and right carpal tunnel syndrome after a work-related vehicle collision. OWCP later removed carpal tunnel syndrome from the accepted claim and ended his wage-loss compensation. The Board found that the impartial…

September 20, 2010 ·ECAB
Mixed result

What these documents are

  • The agencies: Federal workers' compensation appeals from the Department of Labor's Employees' Compensation Appeals Board (ECAB), federal-sector labor-relations cases from the Federal Labor Relations Authority (FLRA), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), Longshore Act and Black Lung Benefits Act appeals from the Department of Labor's Benefits Review Board (BRB), precedent decisions of the Board of Immigration Appeals (BIA), environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB), and whistleblower and other labor appeals from the Department of Labor's Administrative Review Board (ARB). Each decision page names its agency.
  • Commission, Board and Authority decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Authority at FLRA, the Board of Immigration Appeals, the Administrative Review Board at Labor, and the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
  • ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
  • Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
  • Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.